2000 (8) TMI 925

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ant, for the Appellant. Shri R.K. Roy, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - After hearing both the sides we find that the following three issues arise in the present appeal. (i)      Whether bevelled pipe bends, reducer pipe and pipe tee pieces, commonly known as "pipe fittings'' and manufactured out of pipes can be said to be th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....above proposition the appellants have relied upon the Tribunal's decision in the case of True Forge (P) Ltd. v. CCE, New Delhi - 1999 (84) ECR 160 (Tribunal) wherein it has been held that conversion of duty paid pipes into small pieces known as pipe fittings is not manufacture and the pipe fittings cannot be made liable to further duty. 3. We have heard both the sides. The Commissioner in ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... not to the new tariff, Tribunal concluded that though new tariff contains the detailed classification of pipes and tubes, it contains no new definition relating to manufacture. As such the findings of the Apex Court would remain equally valid under the new tariff also. The change in the physical shape and size of the pipes, adopted and modified for the purpose of specific use will not make the sa....